We've been down this path before, and we need to learn the lessons of those experiences. Two years ago, Utah passed a spam bill that resulted in hundreds of lawsuits being filed. The spyware bill runs many of the same risks: It includes a very broad definition of spyware that includes many legitimate, consumer-friendly and fraud-preventing tools; big damage awards for plaintiffs; and confusing legal standards about notice to consumers.

HB323 contains outright bans on common Internet advertising and includes a definition of "spyware" that is extremely broad.

To top it off, HB323 includes significant liability and damages of $10,000 per advertisement displayed — $30,000 if a jury finds a "knowing" violation.

These rigid requirements and big dollar liabilities would constrain and dry up advertising revenues for Internet software and other technology companies, while denying consumers accurate information and beneficial purchasing choices.

Before March 23, the best course of action on this difficult but important question would be for the governor to veto this flawed bill, bring the stakeholders together to focus on what is really the problem with "spyware" and invite the Legislature to revisit this issue when there has been time to fully review the issues and craft something that Utah can be proud of.

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Ryan Richards is vice president and deputy general counsel for Novell Inc.